Kerala High Court
Ashir vs State Of Kerala on 21 December, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 21ST DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945
BAIL APPL. NO. 6477 OF 2023
CRIME NO.582/2023 OF PUNNAPRA POLICE STATION, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT CRMP 2775/2023 OF DISTRICT &
SESSIONS COURT, ALAPPUZHA
PETITIONER/ACCUSED NO.1:
ASHIR,
AGED 22 YEARS, S/O.REJULA,
VALAYIL PUTHENVEEDU HOUSE,
KOTTIYAM, KOLLAM, PIN - 690001
BY ADV LIFFY P. FRANCIS
RESPONDENTS/COMPLAINANTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
PUNNAPRA POLICE STATION,
ALAPPUZHA, PIN - 688001
SMT. T.V. NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.6477/2023
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MOHAMMED NIAS C.P., J.
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B.A.No.6477/2023
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Dated this the 21st day of December, 2023
ORDER
This application is filed under Section 439 of the Code of Criminal
Procedure, seeking regular bail.
2. The petitioner is the 1st accused in Crime No.582/2023 of
Punnapra Police Station, Alappuzha District, for having allegedly
committed offences punishable under Section 22(2) of the Narcotic Drugs
and Psychotropic Substances Act.
3. The prosecution case is that on 23/06/2023 at about 8.30
p.m., the defacto complainant got reliable information regarding the
transportation of MDMA in a Car, and after recording the said
information, they waited at Kalithattu Junction and found the said car and
interrupted it and on search of the body of accused nothing was recovered
but on search of the vehicle of accused they recovered 11.20 grams of
MDMA and they arrested the petitioner and a lady who travelled along
with him and thereby committed the offence.
4. The learned counsel appearing for the petitioner would say
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that the petitioner is innocent and falsely implicated with ulterior motives.
It is seen that this Court had granted interim bail to the petitioner by order
dated 04/09/2023 for a period of one month.
5. The learned public prosecutor opposed the petition.
6. Learned Public Prosecutor makes available a copy of the
chemical analysis report, which shows that the contraband involved is
methamphetamine and not MDMA. Since only an intermediate quantity
of methamphetamine is involved, I am inclined to grant bail to the
petitioner, taking note of the fact he has been in custody since 24/06/2023
and there are no other antecedents under the NDPS Act. The petitioner
has already been granted interim bail as per the order of this Court dated
4/09/2023.
In such circumstances, I am inclined to pass an order making the
interim bail absolute, subject to the following conditions:
(i) The petitioner shall appear before the Court concerned/
Investigating Officer as and when directed by them.
(ii) The petitioner shall not directly or indirectly contact or
influence the witnesses during the bail period.
(iii) The petitioner shall surrender his passport, if any, before the
jurisdictional court while executing the bail bond and only on production
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of the same shall he be released.
(iv) If the petitioner has no passport, he shall file an affidavit to
that effect on the execution of the bond or within three days thereafter.
(v) If any of the conditions are violated, the Investigating Officer
will be free to file an appropriate application before this Court for
cancellation of the bail.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
APA
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APPENDIX OF BAIL APPL. 6477/2023
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE ORDER OF SESSIONS
COURT ALAPPUZHA IS
Annexure A2 THE TRUE COPY OF MEDICAL CERTIFICATE
DATED 28.06.2023 ISSUED FROM THE HOLY
CROSS HOSPITAL KOTTAYAM
